# MoneyLion Split Line of Credit Agreement > Fees Source: https://help.moneylion.com/en_us/moneylion-split-line-of-credit-agreement-ry60mfcLGx Last updated: 2026-08-18T14:15:51.953Z ** Fees** 1\. **3% Fee Avoidable with MoneyLion Spend Direct Deposit or Minimum Balance (“3% Fee”)**: We will charge you fees totaling 3% of your Rent unless you have direct deposits to a MoneyLion Spend Account meeting our requirements or you meet our Balance Requirements.  See the following page and Section 8.a below for more information. 2\. **Late Fee:** Up to $10.00 after ten days. 3\. **Returned Payment Fee:** Up to $15.00. **Security Deposit** In connection with the opening of your MoneyLion Split Line of Credit, you must provide Lender with a Security Deposit of up to 50% of your monthly Rent.   **Payment Schedule** Payments of half your Rent plus any fees are due twice every month with the Initial Monthly Minimum Payment due on the 15th of each month and the Subsequent Monthly Minimum Payment due on the 25th of each month.  **MONEYLION SPLIT LINE OF CREDIT AND SECURITY AGREEMENT** **Lender:**   @NAME OF LENDER@                 P.O. Box 1547                 Sandy, Utah 84091                 1-888-704-6970 **Borrower:**   @firstname\_4@ @middleinitial@ @lastname@                     @address@ @address2@                     @city@, @state, @zip@                      @homephone@                     @emailaddress@ **Agreement Date:@DATE@** **Advance Window: Begins on the 28th day of a month and extends through the seventh business day of the following month** _We do not make Rent payments directly to your Landlord. You are responsible for ensuring your Rent is timely paid to your Landlord._ **3% Fee**: In connection with each required payment of half of your Rent, we add a fee equal to 3% of this amount. For example, if your Rent is $1,000, we will add a $15 fee to your first payment of $500 (so that your first payment equals $515) and we will add another $15 fee to your second payment of $500 (such that your second payment also equals $515).  However, we will not charge the 3% Fee on any required payment of half your Rent if either of the following are true: (a) either of the following “Balance Requirements” are met: (1) you have at least half the amount of your Rent in your MoneyLion Spend deposit account at the time the payment is due (or, if earlier, at the time you make such payment in full), or (2) you had an average balance of at least half your Rent in your MoneyLion Spend deposit account during the 30-day period ending on the date your payment is due (or, if earlier, on the date you make such payment in full); or (b) you have recurring direct deposits into your MoneyLion Spend deposit account exceeding half the amount of your Rent (“Direct Deposit Requirement”).  See Section 8.a below for more details.  To arrange for direct deposits into your MoneyLion Spend deposit account, login to your MoneyLion Spend Banking dashboard in the MoneyLion mobile application and follow the instructions on setting up direct deposits.  **Security Deposit:** **$ \[****XXX.XX\]**\[@Security Deposit Amount\] **Credit Limit: $ \[XXXX.XX\]** This MoneyLion Split Line of Credit and Security Agreement (“Agreement”) governs the line of credit (“Line of Credit” or “LOC”) that you obtain from us and includes: (1) the MoneyLion Split Line of Credit Disclosures immediately above and the terms that follow; (2) the Arbitration Provision (unless you reject it or are a Covered Borrower under the Military Lending Act) and the other provisions under the caption “Agreements for Resolving Disputes,” including the Disputes Agreement in Exhibit A; (3) the E-SIGN Consent; and (4) our Privacy Notice.  To enter this Agreement with us, you must electronically sign this Agreement.  The section headings of the Agreement are a table of contents and not contract terms.  In this Agreement, the following terms have the following meanings. “You” and “your” mean the Borrower named above.  “We,” “our,” “us,” and “Lender” refer to the Lender named above.  “Rent Payment Account” means the account you use to pay your Rent to your Landlord and trigger a request for an extension of credit under the LOC (an “Advance”), which account Lender may require be (i) your MoneyLion Spend deposit account issued by Pathward, N.A. (“Bank”) in your name or (ii) such other account you link to the MoneyLion platform and as approved by Lender.  **You must have a Rent Payment Account linked to the MoneyLion platform and approved by Lender in order to obtain the MoneyLion Split Line of Credit.**  “Security Deposit Account” refers to the limited purpose account issued by Bank in your name pursuant to a Security Deposit Account Agreement between you and Bank. **You must establish and maintain a Security Deposit Account to hold your Security Deposit in order to obtain the MoneyLion Split Line of Credit.** “Security Deposit” refers to the amount that is required to be maintained in your Security Deposit Account as security for your LOC, subject to the terms hereof and the Security Deposit Account Agreement, and which you cannot get back in whole or in part while you have an Advance outstanding or an open LOC (except that you have the right to have the balance of your Security Deposit Account (including earned interest) applied to your outstanding LOC balance, in which case we will subsequently terminate your LOC and instruct Bank to close your Security Deposit Account). If the balance of your Security Deposit Account at any time exceeds your required Security Deposit amount, for example due to a reduction in your Rent amount (as confirmed by the Lender), you may request a transfer of the amount exceeding your required Security Deposit to your MoneyLion Spend deposit account or, if supported, another eligible account.  If your Rent amount increases from the Rent amount at the time you signed this Agreement, then you will be required to add additional Security Deposit funds to your Security Deposit Account up to half the amount of the increased Rent to remain eligible to receive Advances under the LOC. “Business Days” means Monday through Friday, excluding standard holidays observed by the Federal Reserve System. Lender is not a bank. You hereby appoint Lender or its designated agents, which shall include ML Plus LLC as servicer, as your agent to act on your behalf with respect to the Security Deposit maintained in your Security Deposit Account. You agree instructions concerning the Security Deposit will come from Lender or its designated agents. To be eligible for any monthly interest calculations, the Security Deposit Account must remain open through the entirety of the applicable interest period. **BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THIS AGREEMENT** **MAY REQUIRE** **A SECURITY DEPOSIT AND THAT YOU WILL NOT BE ABLE TO GET BACK ANY SECURITY DEPOSIT AMOUNTS UNTIL YOUR MONEYLION SPLIT LINE OF CREDIT IS PAID IN FULL****, EXCEPT THAT YOU HAVE THE RIGHT TO HAVE THE BALANCE OF YOUR SECURITY DEPOSIT ACCOUNT (INCLUDING EARNED INTEREST) APPLIED TO YOUR OUTSTANDING LOC BALANCE, IN WHICH CASE WE WILL SUBSEQUENTLY TERMINATE YOUR LOC AND INSTRUCT BANK TO CLOSE YOUR SECURITY DEPOSIT ACCOUNT. IF THE BALANCE OF YOUR SECURITY DEPOSIT ACCOUNT AT ANY TIME EXCEEDS YOUR REQUIRED SECURITY DEPOSIT AMOUNT, FOR EXAMPLE DUE TO A REDUCTION IN YOUR RENT AMOUNT (AS CONFIRMED BY THE LENDER), YOU MAY REQUEST A TRANSFER OF THE AMOUNT EXCEEDING YOUR REQUIRED SECURITY DEPOSIT TO YOUR MONEYLION SPEND DEPOSIT ACCOUNT OR IF SUPPORTED, ANOTHER ELIGIBLE ACCOUNT****.** **PLEASE NOTE THAT THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.** **IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US.** **FOR EXAMPLE, IF WE ELECT TO REQUIRE YOU TO ARBITRATE ANY CLAIM, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.** **YOU CAN REJECT THE ARBITRATION PROVISION.** **IF YOU DO NOT, IT WILL FORM A PART OF THIS AGREEMENT, UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT.** 1. **Use of MoneyLion Split Line of Credit.**  You may use the funds advanced under your MoneyLion Split Line of Credit solely to cover payment of your rent obligations to your landlord, which may include property management firms, individuals, or other entities to whom rent is owed (collectively, the “Landlord”).  If your Landlord includes certain fees in your periodic rent payment, like management fees or utilities, you may use your MoneyLion Split Line of Credit to cover those associated fees as well (the rent and associated fees, the “Rent”).  The Rent must be for personal, family or household purposes and not for business or commercial purposes.  **MoneyLion Split Line of Credit funds will be used for the single purpose of covering Rent payable to your Landlord and may not be used for any other purpose**.  When you sign up for MoneyLion Split, you will be asked to provide information about your Rent and lease.  You may update this information from time to time through the dashboard in the MoneyLion app.  If any such information changes, MoneyLion reserves the right to pause or cancel your access to the Line of Credit, and may require that you re-apply for eligibility to the Line of Credit if your address, lease or Landlord changes.  While you are enrolled in MoneyLion Split, we will generally make an Advance to your Rent Payment Account automatically each month under the LOC equal to the amount of a qualifying Rent payment when we detect that you have initiated such a Rent payment to your designated Landlord using your Rent Payment Account so long as (i) the required Security Deposit amount is maintained; (ii) previous Advances have been repaid; (iii) we have not suspended your LOC or otherwise exercised our right not to make an Advance; (iv) you are otherwise not in default under this Agreement; (v) you have not opted out of automatic Advances in the MoneyLion mobile app (see Section 12 regarding how to pause automatic Advances); (vi) you have not cancelled the LOC; and (vii) your Rent amount does not exceed your Credit Limit (as defined in Section 6 below).  A qualifying Rent payment is one that is made no later than the seventh business day of a calendar month.  If your Rent payment is made after that date but you otherwise qualify for an Advance, we will not make an Advance unless we decide to do so in our sole discretion.  If the Rent payment from the Rent Payment Account is split into multiple, smaller payments (because, e.g., you authorized divided payments or additional utilities are charged by your Landlord later in the month), we reserve the right to make an Advance that only covers one such Rent payment or to not make any Advances at all.  For the avoidance of doubt, such funds shall not be accessible or available for withdrawal or use by you absent a qualifying Rent payment from your Rent Payment Account.  **We do not make Rent payments directly to your Landlord.** **You are responsible for ensuring that your Rent is timely paid to your Landlord.**  2. **Condition to Our Disbursing Funds under Your LOC.** Credit extended under the MoneyLion Split Line of Credit may only be used to cover Rent and will be disbursed to your Rent Payment Account as set forth in the above section.  You agree that for security purposes, our agent may attempt to contact you at one or more of the phone numbers you provide to us.  We may refuse to disburse an advance of funds under the LOC in our sole discretion, including, without limitation, if we reasonably suspect that the request is fraudulent or suspicious or if we are unable to make contact with you or verify any information you provide to us.  You represent and warrant that you will be available to speak with our agent at the phone numbers you provided and acknowledge that we have provided disclosures to you based on your representations to us.  We may require you to provide updated Rent and application information from time to time.  **Please notify us immediately if any information related to your Rent changes as any such change may otherwise cause us to not detect the Rent payment initiated from the Rent Payment Account. If this occurs, we will not make an Advance.** We may decide not to extend credit under this LOC at any time and for any reason, including, but not limited to, i) if you are delinquent on your obligations under this Agreement or any other agreement with us or our affiliates, (ii) if the amount of credit necessary to pay your Rent would result in exceeding the Credit Limit, or (iii) if there is not a sufficient Security Deposit, as applicable. 3. **Electronic Credit Authorization.** You authorize us or our service providers to use commercially reasonable efforts to initiate the disbursement of funds drawn against your MoneyLion Split Line of Credit into your Rent Payment Account.  We are not responsible for unavoidable delays that may occur as a result of bank holidays, inadvertent processing errors, “acts of God”, “acts of terror,” changes in Landlord information or changes in how a Landlord processes payments against the Rent Payment Account, any of which may extend the time for the disbursement.  In the event that we make an error in initiating these electronic credits, you authorize us to initiate electronic credits or debits (as applicable) to correct the error. 4. **Required Security Interest and Restrictions on Security Deposit**. **Security Deposit**. You must maintain the required Security Deposit as security for the LOC and performance of your obligations under this Agreement. No portion of the Security Deposit may be used to secure other loans unless otherwise permitted in Lender’s sole discretion. Your billing statement will include your required Security Deposit amount. **Security Interest**. To secure the prompt funding of your MoneyLion Split Line of Credit and the performance of your other obligations under this Agreement, you hereby grant us a security interest in the Security Deposit Account. **Security Deposit Security Agreement Provisions**. **In consideration of the issuance of the MoneyLion Split LOC and Lender’s entry into this Agreement, if you fail to make your required payments on your LOC or otherwise fail to comply with the terms of this Agreement, you could lose all of the Security Deposit.** To partially secure your obligations arising under this MoneyLion Split LOC and Agreement, you assign, transfer, pledge, grant a security interest in, and set over to the Lender all rights, title and interest in the Security Deposit Account, in all interest or other amounts from time to time credited to or accrued on the Security Deposit Account and in all renewals, additions and proceeds of such Security Deposit Account. You agree that this security interest, pledge, and assignment includes and gives the Lender (or its designated agents) the right to redeem, collect and withdraw any part or the full amount of the Security Deposit upon any Default (as defined herein in the “Delinquency and Default” section) under this Agreement. You acknowledge and agree that this security interest, pledge, and assignment means that the Lender or its designated agents has the ability to control your Security Deposit Account and liquidate the Security Deposit funds held in your Security Deposit Account if you Default**.** You agree that we need not retain or possess any certificate or evidence of your Security Deposit to enforce our security interest. **You may not get back any Security Deposit while the funds secure your LOC and any outstanding balance or other amounts owed under your LOC remain**. This security interest, pledge, and assignment is given as security for any and all amounts you may owe under this LOC and Agreement. You agree that if we are unable to maintain the Security Deposit, the Lender may apply your Security Deposit to pay off any balance on the LOC or other amounts owed under this Agreement. If any amount of Security Deposit still remains after doing so, we will promptly remit these funds to you. **Perfection of Lien, Security Interest and Liquidation of Security Deposit**. You authorize Lender or its designated agents to sign and file financing statements, security agreements or other agreements with respect to your Security Deposit Account at any time without your signature. You will, however, at any time on request of Lender, sign any of such instruments, including but not limited to a Deposit Account Control Agreement. **Upon Default, Lender or its designated agents may direct** **the Bank holding the Security Deposit****, with or without giving additional notice to you other than the notice of default or such other notice as required by applicable law, to have the cash serving as the Security Deposit for your LOC transferred from your Security Deposit Account for payment on or setoff against amounts owed under your LOC.** **See the “Delinquency and Default” section below for more on your rights and responsibilities regarding default.** Any such transfer or setoff may be made in the manner hereinafter provided, without new or additional demand for payment on account or any other demands whatsoever; the making of any such demands, oral or written, in any one or more instances shall not establish a course of conduct nor constitute a waiver of the right of Lender or its affiliates to transfer said Security Deposit funds as herein provided.  **Security Deposit Prohibitions**. You agree to maintain the required Security Deposit in your Security Deposit Account until all sums due under this Agreement are paid in full.  You agree that at the date of your request for the MoneyLion Split Line of Credit and the date of this Agreement, there are no liens against your Security Deposit.  You may not sell, lien, pledge, hypothecate, transfer or otherwise assign any interest, in whole or part, in the Security Deposit Account during any time that a balance, fee or payment remains unpaid or outstanding under the LOC and this Agreement unless otherwise permitted in the sole discretion of Lender. Any such transfer, sale or assignment is void. **YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PERMITTED TO GET BACK ANY SECURITY DEPOSIT AMOUNTS UNTIL YOU HAVE PAID OFF AMOUNTS OWED UNDER YOUR MONEYLION SPLIT LINE OF CREDIT IN FULL PURSUANT TO THIS AGREEMENT. WE RESERVE THE RIGHT TO DELAY RETURNING THE SECURITY DEPOSIT FUNDS TO YOU UNTIL WE CAN BE REASONABLY CERTAIN ANY PAYMENTS UNDER THIS AGREEMENT HAVE PERMANENTLY SETTLED.** 5. **Promise to Pay.** By entering into this Agreement, you promise to pay us so much of the credit as may be advanced under this Agreement, plus any fees, charges, costs, and expenses as described in this Agreement.  See Section 9 for more information on making payments. 6. **Credit Limit.** There is a maximum amount you are permitted to have in outstanding Advances under your MoneyLion Split Line of Credit (the “Credit Limit”), which may appear in your MoneyLion app or on your billing statement as a Credit Limit or spend limit.  The Credit Limit is up to 110% of your Rent.  The full amount of the Credit Limit is only available to cover your Rent. Subject to applicable law, we may change your Credit Limit at any time.  We will notify you of any new Credit Limit either by sending you a notice or through your billing statement; however, a change to your Credit Limit may take place prior to your receipt of notification from us.  You agree that we may obtain a current credit bureau report or ask you about your current financial situation when determining whether to increase your Credit Limit (see Section 18 regarding obtaining credit reports). You are responsible for keeping track of your Credit Limit.  You should always keep your total balance under the Credit Limit.  However, if the total goes over your Credit Limit, you must still pay us.  If we cover a Rent payment with an Advance that causes you to exceed your MoneyLion Split Credit Limit, it does not mean that we will do so again in the future.  You will pay any amount(s) which exceeds your Credit Limit, upon demand.  7. **Billing Statements.** You will receive a billing statement periodically via email or as an in-application notification to view through the MoneyLion mobile application.  If we deem your account uncollectible or if we institute delinquency collection proceedings by sending it to an outside collection agency or attorney for collection, we may, in our sole discretion, stop sending you billing statements, unless required by applicable law.  Your “billing cycle” refers to the period of time reflected on your billing statement.  This period may vary in length, but is approximately fifteen (15) days. 8. **Fees.** You agree to pay us the fees outlined below. 1. **3% Fee:** In connection with each required payment of half of your Rent, we add a fee equal to 3% of this amount.  For example, if your Rent is $1,000, we will add a $15 fee to your first payment of $500 (so that your first payment equals $515) and we will add another $15 fee to your second payment of $500 (so that your second payment also equals $515).  However, we will not charge the 3% Fee on any required payment of half your Rent if any of the following is true: (a) either one of the following (the “Balance Requirements”) is met: (1) you have at least half the amount of your Rent in your MoneyLion Spend deposit account at the time the payment is due (or, if earlier, at the time you make such payment in full); or (2) you had an average balance of at least half your Rent in your MoneyLion Spend deposit account during the 30-day period ending on the date your payment is due (or, if earlier, on the date you make such payment in full);or (b) you have recurring direct deposits into your MoneyLion Spend Account exceeding half the amount of your Rent (“Direct Deposit Requirement”). For example, if your Rent is $1,000 and on the 15th of the month when your first payment is due you have $500 in your MoneyLion Spend deposit account, we will not assess the $15 fee and you will owe $500 (instead of $515).  However, in the same example, if your second payment is due on the 28th, and your MoneyLion Spend deposit account balance is less than $500 on that date, you have not had an average balance of $500 for the 30-day period ending on that day, or if you do not otherwise have recurring direct deposits of more than $500 into your MoneyLion Spend deposit account, you would owe the 3% Fee (i.e., $15) on that second $500 payment. If you make either or both of your required payments early, you will still owe the 3% Fee unless you meet either one of the two Balance Requirements or the Direct Deposit Requirement as of the date of the early repayment(s).  For example, if you pay a required payment 10 days earlier than when it is due, and on the date you make that payment, you meet either of the Balance Requirements or the Direct Deposit Requirement, you will not be charged the 3% Fee on the required payment.  If, on the other hand, you do not meet any of the Balance Requirements or the Direct Deposit Requirement on the date you pay early, you will owe the 3% Fee on the required payment.  If you pay in full early (e.g., you pay 100% of your Rent on the 10th of the month), you will owe the 3% Fee on the full Rent amount unless you meet one of the Balance Requirements or the Direct Deposit Requirement as of the date of the early payment. 2. **Late Payment Fee**:  Your Initial Monthly Minimum Payment or Subsequent Monthly Minimum Payment will be past due if it is not received on the Payment Due Date (as defined in Section 9 below) shown on your billing statement.  We will charge a Late Payment Fee of $10.00 if we do not receive a scheduled payment on or before the 10th day after its Payment Due Date. 3. **Returned Payment Fee**:  For any check, draft, order, like instrument, or other payment method permitted under applicable law that is returned unpaid by a financial institution, we will charge a Returned Payment Fee of up to $15.00; provided, however, that the Returned Payment Fee will never exceed the related minimum payment that was due.  We will never charge you a Returned Payment Fee in addition to another fee when both fees stem from a single event or transaction. 4. **Fees Disclosed at Time of Request.**  Unless prohibited by law, we also may charge you other fees from time to time.  If a fee applies to your account, we will tell you the amount of the fee at the time you request the service. 9. **Payments.**  Your Payments to Us.  Each month has two billing cycles and a minimum payment due is owed each billing cycle.  The first billing cycle of the month always closes on the 15th day of the month and at that time you must pay us the “Initial Monthly Minimum Payment.”  The second billing cycle of the month always closes on the 25th day of the month and at that time you must pay us the “Subsequent Monthly Minimum Payment.”  Each Initial or Subsequent Monthly Minimum Payment shall be comprised of approximately half of your Rent as set forth on your billing statement and will include any applicable fees, including any applicable 3% Fee.  Please note that your Initial and Subsequent Monthly Minimum Payment due may vary slightly month to month due to variations in the changes in rent or variable fees charged by your Landlord (for example, differences in utilities owed).  Generally, credits to your LOC that may occur from time-to-time are not treated as payments and will not reduce your Initial Monthly Minimum Payment or Subsequent Monthly Minimum Payment.  The scheduled due date for your Initial Monthly Minimum Payment or Subsequent Monthly Minimum Payment is referred to as your “Payment Due Date.” Partial Payments:  You have the option of making partial payments of your Initial or Subsequent Monthly Minimum Payment at any given time during each billing cycle.  Such partial payment shall be credited to your Initial or Subsequent Monthly Minimum Payment due, as applicable. **IF YOU DO NOT MAKE EITHER THE INITIAL MONTHLY MINIMUM PAYMENT OR THE SUBSEQUENT MONTHLY MINIMUM PAYMENT IN FULL BY THEIR RESPECTIVE PAYMENT DUE DATES IN ANY GIVEN MONTH, WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO THE MONEYLION SPLIT LINE OF CREDIT.** **YOU WILL BE UNABLE TO ACCESS THE MONEYLION SPLIT LINE OF CREDIT TO COVER YOUR RENT PAYMENT IN THE FOLLOWING MONTH UNTIL YOU HAVE PAID ALL OUTSTANDING AMOUNTS DUE.** At your election, you may make your Initial or Subsequent Monthly Minimum Payment, as well as any other payments owed to us by (1) personal check, nationally accepted money order or bank official check; (2) authorizing us to charge your Visa or Mastercard debit card (“Bank Card”); and/or (3) initiate electronic fund transfers from authorized account(s).  Payments by personal check, money order or bank check must be made at the following address: MoneyLion; Attn Payments, P.O. Box 1547, Sandy, UT 84091.  Payments will be credited to any obligations owed in any manner in our sole discretion.  You may also pre-authorize automatic payments to be made on or shortly after each Payment Due Date from either your Bank Card or your authorized bank account(s) via electronic fund transfer, as provided in any MoneyLion payment authorization relating to obligations under this Agreement that you execute.  If you do so, you will have the right to withdraw your authorization at any time up to three (3) Business Days   before your Payment Due Date, in order to give us a reasonable opportunity to act upon your request.  In the event the first payment authorized as provided in any MoneyLion payment authorization that you execute fails, we have the right to collect the outstanding amounts due using your secondary payment method as set forth in such payment authorization, and any such amounts collected shall be credited to your Initial or Subsequent Monthly Minimum Payment due, as applicable. In the event that any Initial or Subsequent Monthly Minimum Payment is returned or is otherwise unsuccessful, you agree to arrange for immediate repayment of such Initial or Subsequent Monthly Minimum Payment.  Payment Crediting**.** You agree to make your payments only in U.S. dollars.  Payment received in proper form by 5:00 p.m. Pacific Time on a Business Day will be credited to your LOC as of that day.  Payments received in proper form after that time will be credited to your LOC as of the next Business Day.  We may, in our discretion, accept payments not received in proper form, but crediting of such payments may be delayed up to five days following receipt. Payment Application**:**  We will allocate payments and other credits in our sole discretion, subject to applicable law.  We will allocate your Initial Monthly Minimum Payment and Subsequent Monthly Minimum Payment or payments in lesser amounts in our sole discretion.  10. **Accuracy of Information.** You represent that any information you have provided to us is true and correct to the best of your knowledge, including any statements made in your application, and statements regarding your identity, your financial situation, and any other information we may reasonably request as permitted by applicable laws.  You further represent that all documents and copies of documents you provide to us are unaltered, true and correct. You also represent that you are of legal age in your state of residence (at least 18 years of age or 19 if you are in Alabama).  You are solely responsible for the accuracy of all information you provide regarding your Landlord and Rent payment, including, but not limited to, the Landlord’s name as it will appear on a transaction from your Rent Payment Account, the Landlord’s address, the amount of your Rent (or typical range if, e.g., utilities are included) and any other details we request.  We are under no obligation to confirm or investigate the accuracy or completeness of the information you provide to us.  YOU EXPRESSLY AUTHORIZE US OR OUR AGENTS TO ATTEMPT TO CONFIRM ANY STATEMENT MADE IN YOUR APPLICATION WITH OTHER THIRD PARTIES**.** 11. **Rent-Related Liability Limitation**. Except as required by applicable law, we are not responsible for any claims or defenses you may have against any third‐party, including your Landlord, related to the quality of any property rented or obtained and any associated transactions using your MoneyLion Split Line of Credit. 12. **Cancellation and Opting Out of Automatic Advances.** Cancellation by You.  You may request cancellation of the MoneyLion Split Line of Credit at any time without any fee or penalty (subject to our ability to retain your Security Deposit if you have an outstanding balance discussed in Section 4 above).  You must provide us with at least three (3) Business Days’ advance notice of your request to cancel so that we will not advance funds to you for coverage of a Rent payment.  Cancellation by Us.  We may cancel the MoneyLion Split Line of Credit or otherwise limit this Agreement at any given time for any reason not prohibited by applicable law, including but not limited to, you being declared in Default as set forth in Section 13 below. Pausing Automatic Advances.  We will always automatically initiate Advances subject to the terms set forth in this Agreement unless you “pause” automatic Advances by going to your MoneyLion Split dashboard within the MoneyLion mobile application, going to the menu and selecting “pause MoneyLion Split.”  The pause function temporarily pauses Advances under your LOC until you un-pause by going back to the same menu and toggling the “pause” function back. You may pause and/or un-pause the MoneyLion Split Line of Credit at any given time as long as you do not owe any outstanding balance on your LOC. If you un-pause the MoneyLion Split Line of Credit after the seventh business day of a calendar month, you will not be able to use the LOC for your current Rent payment, and your LOC will become available for the next month’s Rent payment. **NOTWITHSTANDING ANY CANCELLATION OR TERMINATION OF THIS AGREEMENT AND/OR YOUR MONEYLION SPLIT LINE OF CREDIT** **OR ANY PAUSING OF ADVANCES****, YOU REMAIN RESPONSIBLE TO PAY ANY OUTSTANDING BALANCE OWED TO US PURSUANT TO THE TERMS OF THIS AGREEMENT.** 13. **Delinquency and Default**.  Subject to applicable law (including any applicable laws or regulations in your State), you will be in breach and we may declare you in default under this Agreement (each of these, a “Default”) upon: (1) your failure to make any scheduled payment in full and on time; (2) your violation of any other provision of this Agreement that significantly impairs the prospect of payment; (3) your death; (4) your becoming the subject of bankruptcy or insolvency proceedings; (5) your becoming the object of attachment, foreclosure, repossession, lien, judgment, or garnishment proceedings, or any other threat to the Security Deposit; (6) your failure to supply us with any information we reasonably deem necessary that significantly impairs the prospect of payment; (7) our discovery that you have supplied us with misleading, false, incomplete or incorrect information that significantly impairs the prospect of payment; (8) our receipt of information, including information about a loss of employment, that reasonably leads us to believe that you will be unable to make all payments under this Agreement; (9) your moving out of the U.S. or to a state other than the state on file as your primary address at the time of your LOC application; or (10) failing to keep in good standing, closing or attempting to close or liquidate your Rent Payment Account or Security Deposit Account.  **See the State Disclosures section below for any state-specific terms relating to Delinquency and Default in your State.** If you do not remedy or cure any breach and we send you either an email, text or letter notifying you that we have declared you to be in default, subject to applicable law (including any notice, cure, and/or redemption rights provided by applicable law), we may: (1) terminate your LOC; (2) declare immediately due and payable the entire amount outstanding under this Agreement; (3) initiate a collection action against you; (4) liquidate or seize all the property and funds you provided as the Security Deposit; (5) seek reasonable attorney’s fees, court costs and costs of collection, incurred by us, including that of a collection agency; or (6) exercise any other rights provided by this Agreement or applicable law.  **See the State Disclosures section below for any state-specific remedies in the event of default.** 14. **Change in Terms:** Subject to applicable law, we may change the terms of this Agreement for any reason or no reason, and in any respect, by adding, deleting or modifying any provision, including any charges, fees, payments you owe, the calculation of Initial and Subsequent Monthly Minimum Payments and other terms.  This Agreement is part of a limited test launch of the MoneyLion Split Line of Credit.  In certain circumstances, when we are required by law to notify you of changes to the terms of this Agreement, we will do so.  In other circumstances, we may not be required to do so.  When required by law to advise you that you have a legal right to reject any changes we make, we will provide an explanation about how to do that.  We will provide you advance notice of any changes to the Arbitration Provision.  You will have the opportunity to reject the changed Arbitration Provision within 30 days of receiving the notice of changes.  Changes will not apply to existing balances except where permitted by applicable law.  We can update any address or telephone number provided in this Agreement, but we will notify you if we do so. 15. **Credit Balance**. You may request a refund of any credit balance.  If you do not request a refund, we will apply any credit balance to new transactions on your LOC.   16. **Updated Personal Information.** You must notify us of any changes to your name, mailing address, e-mail address or primary telephone number within fifteen (15) days by writing to us at the Notice Address (as specified in Section 27). We will rely on your mail and email addresses as they appear on our records for any and all communications we send you by mail or email unless and until either you or, in the case of your mailing address, the U.S. Postal Service, notifies us of a change of address and we have had a reasonable opportunity to act on such notice. 17. **Correspondence**.  All notices to us must be sent to the Notice Address with such attention as may be specified in this Agreement. To the extent permitted under applicable law, any notice you send us will not be effective until we receive and have had a reasonable opportunity to act on such notice. Any written or electronic correspondence we send to you will be effective and deemed delivered when sent in accordance with any authorization for electronic communications you execute or when mailed to you at your mail address, as it appears in our records. 18. **Credit Reporting; Identity Theft; Obtaining Credit Reports.** You authorize us or our service providers to make inquiries, including but not limited to soft pulls of your credit history and standing, obtaining information from third parties and requesting consumer reports from consumer reporting agencies, for the purpose of considering your application for the MoneyLion Split Line of Credit and subsequently, in connection with any product updates, Credit Limit increases or extensions of credits or collecting on your Line of Credit, during your application for the Line of Credit and throughout the term of your LOC. You also authorize us to obtain reports on you, including consumer reports from consumer reporting agencies, and to use such reports to market to you other products and/or services. You may revoke this authorization to obtain reports on you by completing and submitting the form available [here](https://www.moneylion.com/periodic-consumer-report-access). You also authorize us to report information concerning you or your LOC, including information about your performance under this Agreement, to consumer reporting agencies and others who may properly receive such information.  We may report information about your Line of Credit to various credit reporting agencies. **Late payments, missed payments or other defaults on payments may be reflected in your credit report.**  If you believe that any information about your Line of Credit that we have furnished to a consumer reporting agency is inaccurate or incomplete, or if you believe that you have been the victim of identity theft in connection with any Line of Credit made to you by us, write to us at the Notice Address, Attn: Fraud/Dispute. In your letter (i) provide your name, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report.  19. **Communications**. You authorize us and our affiliates, agents, representatives, assigns, successors, and service providers (including attorneys and collection companies), or anyone calling or contacting on our behalf or our assigns’ and successors’ behalf (collectively, the “Messaging Parties”) to contact you using automated telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, and automated e-mail systems in order to provide you with information about this Agreement, your Line of Credit, account/Line of Credit servicing communications, collection notices or with any other transactional messages. You authorize the Messaging Parties to make such contacts using the telephone number (including wireless, landline and VOIP numbers) or e-mail address associated with your Line of Credit and that you have supplied to the Messaging Parties, and you acknowledge that such communications could also be sent via push notifications in the MoneyLion mobile application. Automated messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. In the event that an agent or representative calls, he or she may leave a message on your answering machine, voice mail, or send one via text. You understand that anyone with access to your telephone or your e-mail account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that you may incur charges from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You agree that this consent forms part of a bargained-for exchange. If you have the right to revoke text messages and calls to your cell phone or to revoke artificial or prerecorded voice message system calls, you may exercise this right by calling the Messaging Parties at 1-844-224-0087; emailing customercare@moneylion.com or by any other reasonable means, or, to stop text messages, by replying “STOP” or similar to any text message the Messaging Parties send you or by any other reasonable means. To the extent permitted by applicable law, you may not revoke your consent to receiving servicing or collection notices or any other transactional communications about your Line of Credit or this Agreement. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. However, we are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable law. 20. **Bankruptcy**. You represent that you are not contemplating bankruptcy and that you have not consulted with an attorney regarding bankruptcy in the past six months.  All bankruptcy notices and related correspondence to us must be sent to us at the Notice Address, Attn: Bankruptcy Notice. 21. **Partial Payments Marked Payment In Full**. Any check or other payment you provide us for less than the total outstanding balance on your MoneyLion Split Line of Credit that is marked “payment in full” or with any similar language or that you otherwise tender as full satisfaction of a disputed amount must be sent to the Notice Address, Attn: Payment of Disputed Amount.  We may deposit any such payment without losing our rights under this Agreement to pursue the full amount owed. 22. **Settlement**. Any settlement of fees owed to us under your Line of Credit for less than the total outstanding balance owed requires our written agreement. 23. **Inadvertent Excess Charges or Collection of Payments**. If a law which applies to this Agreement and which sets maximum charges is finally interpreted so that any fees or charges collected or to be collected in connection with this Agreement exceed the permitted limits, then: (i) any such charges or fees will automatically be reduced to the maximum permitted limit, retroactively effective as of the date of this Agreement, and as though this Agreement originally provided for the reduced charges or fees; and (ii) any sums already collected from you which exceeded permitted limits will be refunded to you. Also, if we inadvertently collect more payments than permitted by this Agreement or applicable law, we will refund to you any such excess payments. We may choose to make any refunds described in this section by reducing the amount you owe under this Agreement or by making a direct payment to you. 24. **Statement of the Military Annual Percentage Rate**. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). You may call toll-free 1-888-704-6970 to receive oral disclosures of the Military APR and your payment schedule and obligations. As described above, the Arbitration Provision provided in Exhibit A of this Agreement will not apply to Covered Borrowers, as defined by the Military Lending Act. 25. **Transfers and Assignments.** We may assign or transfer this Agreement or any of our rights or obligations hereunder to another entity at any time without notice to you unless required by applicable law. You may not assign or transfer your obligations under this Agreement without our prior written consent. 26. **Governing Law.** This Agreement (but not the Arbitration Provision) shall be governed by the substantive laws of your State. 27. **NOTICE OF AGREEMENTS RESOLVING DISPUTES AND ARBITRATION**. Before signing this Agreement, you should carefully review the Agreements for Resolving Disputes (“Disputes Agreement”) to which you have already agreed (unless you have rejected it or are a Covered Borrower under the Military Lending Act) and which includes the Arbitration Provision (as defined therein).  The Disputes Agreement is incorporated herein by reference as Exhibit A and shall be expressly deemed to include the Lender disbursing funds pursuant to the MoneyLion Split Line of Credit to you.  The Disputes Agreement provides that all claims arising from or relating to this Agreement and the Line of Credit must be resolved by binding arbitration if the person or entity against whom a claim is made elects to arbitrate the claim. Thus, if the person or entity against whom the claim is made elects to arbitrate the claim, then you will not have the following important rights: 1. You may not file or maintain a lawsuit in any court except a small claims court. 2. You give up your right to have a jury decide your claim. 3. You will not be afforded the procedural, pre-trial discovery, and appellate rights in an arbitration proceeding that you would enjoy in a court or judicial proceeding. 4. You may not join or participate in a class action, act as a class representative or a private attorney general, or consolidate your claim with the claims of others. 5. You will have to pay certain fees in order to commence an arbitration proceeding, unless you ask us to pay those fees for you. If you do not want to arbitrate all claims as provided in the Disputes Agreement (as incorporated herein), then you have the right to reject the Arbitration Provision by delivering a written notice to us at MoneyLion, Attn: Legal Department, PO Box 1547, Sandy, UT 84091-1547, Email: legal@moneylion.com (the “Notice Address”) within thirty (30) days following the date of this Agreement. This Arbitration Provision does not apply to Covered Borrowers as defined by the Military Lending Act. 28. **Severability.** Except as set forth in the Arbitration Provision, if any provision of this Agreement is held to be invalid or unenforceable under any law, rule or regulation, it shall not affect the validity or enforceability of any other provision of this Agreement. 29. **Entire Agreement.** This Agreement constitutes the sole agreement between you and us with respect to the subject matter of this Agreement. **STATE DISCLOSURES.**  See your State Disclosures.  **NOTICE TO ARIZONA RESIDENTS**: You may request that the initial disclosures prescribed in the Truth in Lending Act (15 U.S. Code sections 1601 through 1666j) be provided in Spanish before signing any documents. **_AVISO A LOS RESIDENTES DE ARIZONA_**: _Puede solicitar que las divulgaciones iniciales prescritas en la ley Truth in Lending Act, 15 Código de los Estados Unidos secciones 1601 hasta 1666j, sean proporcionadas en español antes de firmar cualquier documento de préstamo._ **NOTICE TO CALIFORNIA RESIDENTS:** By executing this Agreement, you specifically agree that we may access the records of the California Department of Motor Vehicles from time to time to obtain your current mailing address, and by so agreeing, you are specifically waiving your rights under sections 1808.21 and 1808.22 of the California Vehicle Code.  A married applicant may apply for a separate account.  If Lender takes any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis, and the right under Section 1785.16 of the Civil Code to dispute the accuracy or completeness of the information in such report. **NOTICE TO CALIFORNIA** **AND** **UTAH** **RESIDENTS:** As required by California and Utah law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations. **NOTICE TO IDAHO RESIDENTS**: The provisions of this Agreement regarding the payment of attorneys’ fees and collection agency costs do not apply to Idaho residents. **NOTICE TO ILLINOIS RESIDENTS**: CILA 38 IAC 110.2 A lender shall not contract for or receive charges exceeding a 36% annual percentage rate on the unpaid balance of the amount financed for a loan, as calculated under the Illinois Predatory Loan Prevention Act (PLPA APR). Any loan with a PLPA APR over 36% is null and void, such that no person or entity shall have any right to collect, attempt to collect, receive, or retain any principal, fee, interest, or charges related to the loan. The annual percentage rate disclosed in any loan contract may be lower than the PLPA APR. **NOTICE TO MISSOURI RESIDENTS:** ORAL LOAN AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF SUCH DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT BORROWER(S) AND THE LENDER AND ANY HOLDER OF THIS AGREEMENT FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. **NOTICE TO KANSAS RESIDENTS:** NOTICE TO CONSUMER: 1. Do not sign this Agreement before you read it. 2. You are entitled to a copy of this Agreement. 3. You may prepay the unpaid balance at any time without penalty. **NOTICE TO MARYLAND** **RESIDENTS:** Lender elects to make this Agreement pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with Lender’s authority under federal law (12 U.S.C. § 85, § 1463(g), or § 1831d, as appropriate) and related regulations and interpretations, which authority Lender expressly reserves. **NOTICE TO NEW MEXICO RESIDENTS:** We will only re-present an ACH one time after it is returned unpaid. **NOTICE TO NEW YORK RESIDENTS**  Borrower understands and agrees that Lender may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this application. If Borrower asks, Borrower will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report. Borrower also understands and agrees that Lender may obtain a consumer credit report in connection with the review or collection of any loan made to Borrower as a result of this application or for other legitimate purposes related to such loans. **NOTICE TO TEXAS RESIDENTS:** You give up (waive) your common law rights to receive notice of intent to accelerate and notice of acceleration. This means that you give up the right to receive notice that we intend to demand that you pay all that you owe on this contract at once (accelerate) and notice that we have accelerated. This written loan agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. **NOTICE TO UTAH RESIDENTS: YOU EXPRESSLY WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT PURSUANT TO UTAH CODE ANN. § 70C-3-104.** **NOTICE TO WISCONSIN RESIDENTS:** (1) If you are married and are extended individual credit, Wis. Stat. 766.56(3)(b) requires us to notify your spouse of the extension of credit. (2) Additionally, no provision of a marital property agreement, a unilateral agreement under Wis. Stat. 766.59, or a court decree under Wis.Stat. 766.70 adversely affects our interests unless prior to the time the credit is extended, we are furnished with a copy of the Agreement or statement, or have actual knowledge of the adverse provision when the obligation is incurred.  We will presume you are a single person unless you advise us the contrary and provide us with your spouse’s name and address. **Delinquency and Default.** In Wisconsin, you will be in default under this Agreement upon any of the following events: (1) you fail to pay an amount exceeding one full payment, which has remained unpaid for more than 10 days after its due date or (2) you fail to pay the first payment or the last payment within 40 days of its due date.  **Remedies in Event of Default.** In Wisconsin, upon the occurrence of any event of default, and subject to notice and right to cure, if required by statute, we may do any one or more of the following: (a) declare the whole outstanding unpaid balance under this Agreement due and payable at once and proceed to collect it; (b) initiate a collection action against you; (c) liquidate or seize all of your Security Deposit in accordance with applicable law; (d) exercise all other rights, powers and remedies given by law; and (e) recover from you all charges, costs, and expenses allowable by law, including statutory attorney’s fees.   **NOTICE TO CUSTOMERS** (a)  DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT, EVEN IF OTHERWISE ADVISED (b)  DO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES. (c)  YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (d)  YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT. **BY CLICKING “I AGREE” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION AND SECURITY DEPOSIT PROVISIONS****,** **AND THAT YOU HAVE PRINTED OR SAVED A COPY OF THIS AGREEMENT, ALL EFFECTIVE AS OF THE AGREEMENT DATE ABOVE.** **By:** **/s/** **@customer first and last name@** @Date@   **EXHIBIT A** **Agreement** **for Resolving Disputes Last Updated: May 23, 2024** **PLEASE READ THIS AGREEMENT CAREFULLY. IT REQUIRES YOU AND MONEYLION TO RESOLVE DISPUTES THROUGH ARBITRATION OR SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, CLASS ACTIONS, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTIONS.** If you are a “Covered Borrower,” as defined by 32 C.F.R. § 232.3(g) as of the date that you agree to this Agreement, then this Agreement will not apply to you with respect to any Claims concerning any of our lending products or services, including our credit-builder loan. Defined terms used in this Agreement are defined in section 2 below. 1. **Summary** This Agreement for Resolving Disputes (“Agreement“) outlines how disputes concerning Claims between you and MoneyLion will be resolved through our Informal Dispute Resolution Procedure, individual arbitration, or small claims court. The Informal Dispute Resolution Procedure gives you the opportunity to explain what happened regarding your Claim to someone in, or working with, our legal department. Under the terms of this Agreement, MoneyLion is encouraged to resolve your concerns efficiently.  An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding and subject to very limited review by courts.  A “small claims court,” meanwhile, is a state court where legal claims that fall below a statutory threshold are adjudicated. The rules of evidence in small claims courts are typically informal, and litigants often appear without a lawyer. Judgments in small claims court carry the same weight as any trial court, and successful litigants are entitled to an array of judgment enforcement remedies.  **YOU AND MONEYLION AGREE THAT ANY ARBITRATION THAT TAKES PLACE WILL BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, AND OTHER REPRESENTATIVE ACTIONS OF ANY KIND ARE NOT PERMITTED (UNLESS MONEYLION EXPRESSLY AGREES TO MASS ARBITRATION, AS DISCUSSED BELOW). THIS MEANS THAT YOU AND MONEYLION WILL NEITHER FILE A LAWSUIT IN ANY COURT OTHER THAN A SMALL CLAIMS COURT, NOR PURSUE OR PARTICIPATE IN AN ACTION SEEKING RELIEF ON BEHALF OF OTHERS.** **YOU AND MONEYLION ALSO AGREE THAT BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND MONEYLION ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND MONEYLION, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATED TO ANY CLAIMS. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION ENTERED INTO BETWEEN YOU AND MONEYLION, WHICH MAY CONTAIN ITS OWN SEPARATE JURY TRIAL WAIVER.** While sections 3, 4, and 5 below lay out the specifics, here is an overview of the procedure you must follow to resolve a dispute relating to a Claim: * **Contact customer service.** You agree to first contact our customer service team. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. Go to [https://www.moneylion.com/contactus/](https://www.moneylion.com/contactus/) for more information on how best to contact us. * **File a Notice of Dispute.** If you are not satisfied after talking to customer service, you agree to start the mandatory Informal Dispute Resolution Procedure, discussed in section 3 below, by sending us a Notice of Dispute. You agree to follow the mandatory Informal Dispute Resolution Procedure before pursuing legal action in the form of an arbitration or small claims action.  * **Let’s work it out.** If you decide to submit a Notice of Dispute, then you and MoneyLion agree to give each other at least 45 calendar days to share information and try to reach an agreement before commencing an arbitration or small claims action. (We will use the same process if we have a dispute with you.)  * **Pursue legal action.** If the dispute is still not resolved, and only after the mandatory Informal Dispute Resolution Procedure has been fully satisfied, you can pursue an individual arbitration or small claims action. NAM (National Arbitration and Mediation) will administer the arbitration and appoint a neutral arbitrator, with input from both you and MoneyLion.  There are special rules for mass or coordinated arbitrations, where the same lawyers or a group of coordinated lawyers seek to file 25 or more similar arbitrations. If you choose to be part of those proceedings, the matters will proceed in stages, so it might take longer to arbitrate your dispute than it would otherwise. See section 4h below for more information on the rules governing coordinated or mass arbitrations under this Agreement. 2. **Definitions** As used in this Agreement, the following terms have the meanings set forth below: * “MoneyLion,” “we,” “our,” or “us” means MoneyLion Technologies Inc. and all its past, present, and future parents, subsidiaries, affiliates, and related entities, including MoneyLion Inc., as well as all of MoneyLion’s directors, officers, employees, consultants, service providers, licensees, agents, predecessors in interest, successors, and assigns.  * “You” or “your” means the individual authorized to use the MoneyLion Platform or MoneyLion’s products or services in accordance with MoneyLion’s Terms of Service. For the avoidance of doubt, you must be a natural person and not a corporation, company, partnership, association, or other entity or organization.  * “Claim” means any past, present, or future dispute or controversy between you and MoneyLion, whether or not presently known, that relates in any way to your use of or access to the MoneyLion Platform or to any product or service offered by or through the MoneyLion Platform. Except as otherwise provided herein, “Claim” is to be given the broadest reasonable meaning and includes claims of every kind, including initial claims, counterclaims, cross-claims, and third-party claims, as well as claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes against MoneyLion (but not, for the avoidance of doubt, against a third party, including any third party that offers products and services on the MoneyLion Platform) that seek relief of any type, including damages or individual injunctive, declaratory, or other equitable relief. If you use a third-party product or service, you understand and agree to the third party's terms and conditions and requirements. MoneyLion expressly disclaims all responsibility for any third-party product or service, which you elect to use at your own risk. You understand and acknowledge that any legal recourse you seek as a result of any deficiencies in the provision of a third-party product or service must be pursued against the provider of those third-party products or services and not against MoneyLion. No part of this Agreement shall prevent MoneyLion from (i) exercising or enforcing its rights under any present, past, or future agreements entered into between you and MoneyLion or that may otherwise govern your use of the MoneyLion Platform or MoneyLion’s products or services, including MoneyLion’s ability to terminate or suspend your account or access to any product or service due to a violation of our Terms of Service, liquidate your collateral in connection with non-payment of a loan, or report your payment history or other credit information to the credit bureaus; and (ii) pursuing any “self-help remedy,” including any steps taken to enforce rights without a determination by a court or arbitrator, or any individual action by you or MoneyLion to prevent the other party from using any self-help remedy, so long as such action does not involve a request for monetary relief of any kind.  * “Informal Dispute Resolution Procedure” refers to the dispute-resolution protocol detailed in section 3 below that must be satisfied before either you or MoneyLion can commence an arbitration or small claims action. * “Informal Settlement Conference” refers to the individualized discussion by phone or videoconference regarding a potential settlement of a Claim, which only the recipient of a Notice of Dispute can request as part of the Informal Dispute Resolution Procedure. * “MoneyLion Platform” means the MoneyLion website, [www.moneylion.com](http://www.moneylion.com); any of its subdomains; other websites owned or hosted by MoneyLion, including Engine by MoneyLion, MoneyLion’s marketplace platform; and MoneyLion’s mobile application. * “Notice Address” refers to the physical address at which you can mail your Notice of Dispute to MoneyLion, which is MoneyLion Technologies Inc., c/o Customer Disputes, PO Box 1547, Sandy, UT 84091-1547. * “Notice of Dispute” refers to the form that must be completed and submitted by the party bringing a Claim as part of the Informal Dispute Resolution Procedure that provides the other party with important and necessary information about the Claim. 3. **Mandatory Informal Dispute Resolution Procedure** **PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS KEY REQUIREMENTS THAT MUST BE SATISFIED BEFORE AN ARBITRATION OR SMALL CLAIMS ACTION CAN BE COMMENCED**. **NEITHER YOU NOR MONEYLION CAN COMMENCE AN ARBITRATION OR SMALL CLAIMS ACTION UNLESS THE INFORMAL DISPUTE RESOLUTION PROCEDURE OUTLINED IN THIS SECTION HAS BEEN FULLY SATISFIED.**  **Step 1**: You and MoneyLion agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. MoneyLion’s customer service is available to help and usually can resolve any concerns you may have. As the first step in the mandatory Information Dispute Resolution Procedure, you agree to contact our customer service team before submitting a Notice of Claim. For information on how to contact customer service, please go to https://www.moneylion.com/contactus/. **Step 2**: If that does not work, and only after contacting MoneyLion customer service, you agree as a second step to submit a written Notice of Dispute to MoneyLion. (If we have a dispute with you, we will also send you a Notice of Dispute to your physical mailing address on file or email address if you have agreed to receive disclosures electronically, or if you are represented by an attorney, to your attorney at their office address or email address.) You may download and submit the Notice of Dispute form electronically [here](https://moneylion.kustomer.help/contact/notice-of-dispute-informal-dispute-resolution-procedure-r1kEEZGPa). The Notice of Dispute may also be sent by U.S. mail or professional courier service to MoneyLion at the Notice Address. While not required, we encourage you to submit your Notice of Dispute electronically for faster and easier processing. The Notice of Dispute must include all of the information requested on the form, including (i) the claimant’s name, address, email and phone number; (ii) the last four digits of the claimant’s social security number and date of birth; (iii) the products or services (if any) to which the Claim pertains; (iv) a description of the nature and basis of the Claim; and (v) an explanation of the specific relief sought and the basis for the calculations. The Notice of Dispute must be personally signed by you (if you are the claimant) or otherwise authenticated by you if the Notice of Dispute is filed electronically, or by a MoneyLion representative (if we are the claimant). To safeguard your account, you might be required to provide both your authentication and consent for us to discuss your account or share your account information with a third party, including your attorney. **Step 3**: Whichever party sends the Notice of Dispute must give the other party 45 calendar days after receipt of a completed Notice of Dispute (including your authentication and consent, if required) to investigate the Claim. The parties may at any time agree in writing to modify the 45-day period. During the 45-day period, you and MoneyLion agree that the recipient of the Notice of Dispute may request an individualized discussion by phone or videoconference regarding settlement (the “Informal Settlement Conference”). You and MoneyLion must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can be after the 45-day period. You and a MoneyLion representative must personally participate in the Informal Settlement Conference, unless otherwise agreed to in writing by both parties. If you are represented by an attorney, then your attorney must also be present at the Informal Settlement Conference. MoneyLion’s lawyers (if any) also can participate. These Informal Settlement Conferences shall be individualized; multiple parties initiating Claims (even if the Claims are related or raise similar issues and are brought by the same or coordinated counsel) cannot participate in the same Informal Settlement Conference, unless mutually agreed to by the parties. **Step 4**: After the 45-day period and not before, and after the Informal Settlement Conference has occurred at the election of the recipient of the Notice of Dispute (if applicable) and not before, the party bringing the Claim must notify the other party in writing that it will pursue the dispute either through arbitration or small claims. The party receiving the written notice shall then have seven days to respond. After that seven-day period and not before, the party bringing the Claim may commence an arbitration or small claims action.  You and MoneyLion agree that compliance with the mandatory Informal Dispute Resolution Procedure set forth in this section 3 is a condition precedent to initiating arbitration or a small claims action. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the Informal Dispute Resolution Procedure. The Informal Dispute Resolution Procedure is essential so that you and MoneyLion have a meaningful chance to resolve disputes informally and efficiently. If any aspect of the Informal Dispute Resolution Procedure has not been met, a court can enjoin the filing or prosecution of an arbitration or small claims action. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Informal Dispute Resolution Procedure in arbitration or in a small claims action.  4. **Arbitration** If the dispute is still not resolved, and only after the Informal Dispute Resolution Procedure set forth in section 3 above has been fully satisfied, you or MoneyLion can commence an individual arbitration (or a small claims action as set forth in section 5 below).  1. _Right to Reject Arbitration_ If you do not agree to arbitrate your dispute, you have 30 calendar days from the date that you agree to this Agreement to opt out of arbitration by delivering to us at MoneyLion Technologies Inc., Attn: Legal Department, PO Box 1547, Sandy, UT 84091-1547, a signed written opt-out notice that (i) provides your name and address and the date that you agreed to this Agreement, and (ii) states that you are rejecting the arbitration provision in this Agreement. If you want proof of the receipt of such a notice, you should send the rejection notice by “certified mail, return receipt requested.” If you use such a method, we will reimburse you for the postage upon your request. Nobody, other than an attorney that you have personally retained, can opt out of arbitration on your behalf. Your opt out of arbitration will not affect your access to or use of the MoneyLion Platform or any of our products or services or the terms of any agreement for any products or services (other than to the extent such terms incorporate this arbitration provision) or your ability to obtain credit from MoneyLion. 2. _Subject Matter of Arbitration_ If you or MoneyLion choose to arbitrate, to the greatest extent permitted by law, you and MoneyLion agree to arbitrate any Claim between you and MoneyLion. This arbitration provision is intended to be broadly interpreted and includes, but is not limited to: * Claims arising out of or relating to any aspect of the relationship between us, whether based in contract; tort; fraud; misrepresentation; negligence; equity; or any constitutional, statutory, regulatory, or common law legal theory; * Claims that arose before the existence of this or any prior agreement (including, but not limited to, Claims relating to advertising); * Claims for mental or emotional distress or injury not arising out of physical bodily injury; * Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and * Claims that may arise after the termination of this Agreement. Nothing in this Agreement shall preclude you from bringing issues to the attention of federal, state, or local agencies. Those agencies can, if the law allows, seek relief against us on your behalf.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement. 3. _Arbitration Procedure_ The arbitration will be governed by the applicable rules of NAM, including NAM’s Comprehensive Dispute Resolution Rules and Procedures, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, and any other applicable rules promulgated by NAM (“NAM Rules”), as modified by this Agreement, and will be administered by NAM. If NAM is unavailable or unwilling to administer the arbitration, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by a court pursuant to 9 U.S.C. §5. Upon any conflict or inconsistency between this Agreement and NAM Rules, this Agreement will govern. NAM Rules are available online at [https://www.namadr.com/resources/rules-fees-forms/](https://www.namadr.com/resources/rules-fees-forms/) or by emailing NAM at commercial@namadr.com.  You may initiate arbitration by visiting NAM’s website at [https://www.namadr.com/resources/rules-fees-forms/](https://www.namadr.com/resources/rules-fees-forms/) or by emailing NAM at commercial@namadr.com. A copy of the arbitration demand, along with a copy of the Notice of Dispute, must be submitted to NAM by email at commercial@namadr.com or by mail to 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, as well as to MoneyLion by email at arbitration@moneylion.com or by mail to the Notice Address. For more information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, please visit NAM’s website at [https://www.namadr.com/](https://www.namadr.com/).  **You agree that if you are initiating arbitration against MoneyLion, you must submit and include with the demand for arbitration a certification that (i) you have complied with and completed the Informal Dispute Resolution Procedure set forth in section 3; (ii) you are a party to this Agreement; and (iii) you have or have had an account or relationship with MoneyLion during the time period relevant to your Claim(s). The demand for arbitration and certification must be personally signed by you (and your counsel, if represented) on an individual basis only and include the last four digits of your MoneyLion account number (if applicable). You agree that, unless prohibited by law, you may not commence an arbitration without completion of the certification as set forth in this paragraph. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the procedures set forth in this paragraph in arbitration. For the avoidance of doubt, the full satisfaction of the procedures in this paragraph is a condition precedent to initiating arbitration.** As in court, you and MoneyLion agree that any counsel representing either party in arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all represented parties and counsel. All issues are for the arbitrator to decide, except only a court can decide the following: * Issues relating to the scope and enforceability of the arbitration provision described in this Agreement; and * Whether a dispute can or must be brought in arbitration (whether a dispute is subject to this Agreement or a previous arbitration provision between you and MoneyLion). The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. During the arbitration, the amount of any settlement offer must not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or MoneyLion is entitled. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which their decision is based. Except in the case of mass or coordinated arbitrations, the arbitrator can award on an individual basis the same damages and relief that a court can award under applicable law in favor or against only the parties to the arbitration, including monetary damages, attorneys’ fees (if available under applicable law), injunctive relief, and declaratory relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. 4. _Arbitration Fees_ If the terms of this Agreement have been complied with, including the Informal Dispute Resolution Procedure, and the arbitration was properly commenced, and there is no finding of any frivolous or improper Claims or requests for relief (as discussed below), then the parties are responsible for their own arbitration-related fees and costs, including attorneys’ fees, as required by NAM’s fee schedule. If you properly initiate an arbitration with a Claim valued at $5,000 or less (in the aggregate or for any one filing), or if you cannot obtain a waiver from NAM of the arbitration-related fees that you are obligated to pay, MoneyLion will consider—but is free to deny—a request by you for us to pay or reimburse such arbitration-related fees based on your good faith demonstration of financial hardship and adherence to this Agreement. Despite the foregoing, MoneyLion will pay your arbitration-related fees to the extent required by law or to make this Agreement enforceable. If MoneyLion reimburses your arbitration-related fees, we will do so within 60 calendar days from when you pay such fees to NAM.  But if the arbitrator finds that either the substance of your Claim or MoneyLion's Claim or the relief sought by either party is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then, to the greatest extent permitted by law, the offending party shall pay the aggrieved party’s arbitration-related fees and costs, including attorneys’ fees. In addition, if either you or MoneyLion commence an arbitration before fully satisfying the Informal Dispute Resolution Procedure set forth in section 3 above, or if you commence an arbitration without the certification required under section 4(c) above, then the party who improperly filed the arbitration must pay the other party’s arbitration-related fees and costs, including attorneys’ fees. Despite the foregoing, neither party is entitled to any fees or costs that it incurs after the other party makes a written offer to resolve a Claim for more than the amount the arbitrator awards.  5. _Minimum Award_  If you fully complied with the terms of this Agreement, including the Informal Dispute Resolution Procedure set forth above in section 3 above, and the arbitrator issues an award in your favor that is greater than the value of MoneyLion’s last written settlement offer made in connection with the Informal Dispute Resolution Procedure, then we will pay you the amount of the award or $5,100, whichever is greater. This is in addition to any attorneys’ fees and expenses (including expert witness fees and costs) you are due under the law or this Agreement. This $5,100 minimum award is a single award for all your possible Claims. You cannot get multiple $5,100 awards.  6. _Offer of Settlement_ In any arbitration between you and MoneyLion, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, before the dispositive motion is decided. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim.  7. _Requirement of Individual Arbitration_ The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. **YOU AND MONEYLION AGREE THAT EACH MAY BRING A CLAIM AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING SEEKING RELIEF FOR OTHERS**. You also agree to  serve or otherwise submit an individualized arbitration demand that clearly identifies you, including your name, physical address, email address, phone number, and MoneyLion account number (if applicable); your legal claims; the requested relief; and, if represented by counsel, an express authorization to bring the arbitration demand. Further, unless both you and MoneyLion agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding (seeking relief for others). 8. _Administration of Mass or Coordinated Arbitrations_ If, at any time, 25 or more claimants (including you) submit Notices of Dispute or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (whether such matters are pursued simultaneously or not), consistent with the definition and criteria of “Mass Filings” set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at [https://www.namadr.com/resources/rules-fees-forms/](https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) shall be tolled beginning when the Informal Dispute Resolution Procedure is initiated, so long as the pre-arbitration Notice of Dispute complies with the requirements in section 3 above, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration. For the avoidance of doubt, the parties agree that, in addition to the scope of the procedural arbitrator’s review as set forth in NAM Rules, the procedural arbitrator shall have the authority to consider whether the Mass Filings or demand(s) for arbitration was/were filed in accordance with the terms and conditions of this Agreement, including full satisfaction of the Informal Dispute Resolution Procedure.  MoneyLion may elect to resolve all such Mass Filings in staged proceedings. The arbitrators are encouraged to resolve the matters within 120 calendar days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. You agree to this process even though it may delay the arbitration of your Claim.  **Stage One**: In the first stage, counsel for the claimants and counsel for MoneyLion shall each select 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining Claims shall not be filed or be deemed filed in arbitration unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, and MoneyLion shall pay the mediator’s fee. **Stage Two**: If the remaining Claims are not resolved at this time, counsel for the claimants and counsel for MoneyLion shall each select 50 Claims per side (100 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining Claims shall not be filed or be deemed filed in arbitration unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, and MoneyLion shall pay the mediator’s fee. **Stage Three**: If the remaining Claims are not resolved at this time, counsel for the claimants and counsel for MoneyLion shall each select 100 Claims per side (200 Claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining Claims shall not be filed or be deemed filed in arbitration unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining Claims with a retired federal or state court judge. Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including discussing in good faith whether to increase the number of matters filed in each stage. Either party may also negotiate with NAM regarding the amount or timing of NAM’s fees. You, in turn, agree to give your best efforts to participate in a meaningful way in the entire arbitration process, including by attending any preliminary and merits hearings, unless otherwise agreed to in writing by MoneyLion. If your Claim is not resolved as part of the staged process identified above, either: **Option One**: You and MoneyLion may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with this Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending MoneyLion an email to arbitration@moneylion.com. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 calendar days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. MoneyLion may opt your Claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 calendar days after the expiration of your 30-day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR **Option Two**: If neither you nor MoneyLion elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining Claims exceeds 200, then 200 Claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining Claims is fewer than 200, then all of those Claims shall be filed and proceed in individual arbitrations. Any remaining Claims shall not be filed or be deemed filed in arbitration unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 Claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a procedural arbitrator) to explore ways to streamline the adjudication of Claims, increase the number of Claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining Claims. A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations, and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with this Agreement.  You and MoneyLion agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and MoneyLion acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such Mass Filings. This subsection and each of its requirements are intended to be severable from the rest of the arbitration requirements set forth in this Agreement. If, after exhaustion of all appeals, a court decides that the staging process in this subsection is not enforceable, then each Claim shall proceed in accordance with NAM Rules and fees.  9. _Future Changes to Arbitration Provision_ Despite any provision in this Agreement to the contrary, if MoneyLion makes any future change to the arbitration requirements set forth in this Agreement (other than a change to the Notice Address or any other non-substantive changes such as fixing typographical errors), you may reject any such change by sending us written notice via U.S. Mail within 30 calendar days of the first notice of the change to c/o Arbitrations Opt Out, PO Box 1547, Sandy, UT 84091-1547  or by email to arbitration@moneylion.com. Include your name, address, phone number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and MoneyLion in accordance with the language of this version of the arbitration provision. 5. **Small Claims** As an alternative to arbitration, either you or MoneyLion may bring an action seeking only individualized relief in the small claims court for the county (or parish) of your address on file, so long as the action is not removed or appealed to a court of general jurisdiction. 6. **Forum Selection** Unless you and MoneyLion agree otherwise, to the greatest extent permitted by law, the state and federal courts in the City and County of New York, New York, will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and MoneyLion consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. 7. **Effect of Arbitration Award** Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's award will be final and binding, except for (a) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq.; and (2) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the Federal Arbitration Act. Costs in connection with any such appeal will be borne in accordance with Section 4 of this Agreement. No arbitration award involving the parties will have any preclusive effect as to issues or Claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Agreement.   8. **Governing Law** This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration, or any issues involving arbitrability or enforcement of any provisions under the arbitration agreement shall be brought in the appropriate state or federal court located in New York County, New York. You and MoneyLion each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the City and County of New York, New York, for the adjudication of all non-arbitrable Claims.  9. **Survival; Severability; Primacy** The arbitration provision described herein shall survive termination of this Agreement, unless it has been rejected by you pursuant to the instructions provided in section 4(a). You must give us written notice and at least 30 calendar days to cure any problem that might prevent arbitration of a Claim. But if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force, subject to two exceptions: (i) if a determination is made that the waiver of class actions, class arbitrations, and/or representative actions are unenforceable, and that determination is not reversed on appeal, then this Agreement (except for this sentence) will be void in its entirety; and (ii) if a court determines that a public injunctive relief Claim may proceed notwithstanding the waiver of class actions, class arbitrations, and/or representative actions, and that determination is not reversed on appeal, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and you and MoneyLion will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded. 10. **Entire Agreement and Precedence** This Agreement constitutes the entire agreement between you and MoneyLion with respect to the subject matter hereof (_i.e._, dispute resolution) and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. In the event of any conflict or inconsistency between the provisions of this Agreement and those of any other agreement or understanding between the parties with respect to the subject matter hereof, the terms of this Agreement shall prevail and be binding. The parties acknowledge that they have not relied on any representation, warranty, agreement, or statement other than those expressly set out in this Agreement. 11. **Confidentiality** You and MoneyLion agree to keep confidential all aspects of the arbitration, any confidential information produced in the arbitration, and any arbitration award or decision. But either party may disclose such information to the extent needed to pursue the arbitration or to appeal or confirm any award. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the fullest extent permitted by law